Can I Sue My Doctor for an Error Made During Surgery?

doctor performing surgery

If you recently trusted a surgeon to improve your quality of life through a surgical medical procedure and your surgeon injured you as a result, you’re most likely now wondering if you qualify for compensation. Please continue reading and reach out to our New York City surgical errors attorney to learn more about how our legal team can help if your doctor made an error during your surgery and harmed you as a result. Here are some of the questions you may have:

Does an error made during a surgery qualify as medical malpractice?

For a surgical error to be classified as malpractice, an injured patient and his or her New York City medical malpractice attorney will have to prove several things. We must first prove that the surgeon owed you a duty of care and diverted from that standard of care by acting in a way that a reasonable physician would not have. If we can prove that the deviation from the standard of care directly resulted in you sustaining an injury and incurring damages as a result, there’s a very good chance you’ll have a valid medical malpractice claim.

What are some of the most common surgical errors?

Unfortunately, surgeons can make a wide array of mistakes when operating on a patient. That said, some of these mistakes are more common than others. Just some of the most common surgical errors we see are as follows:

  • Wrong-site surgery
  • Leaving surgical instruments in a patient’s body
  • Anesthesia errors
  • Puncturing organs
  • Performing the wrong procedure altogether

In many cases, these errors will meet the standard of malpractice, and an injured patient should be entitled to compensation. Our firm can assess your case and determine whether you have a valid medical malpractice claim.

How long do I have to file a lawsuit against a surgeon in New York State?

Here in New York State, the statute of limitations for medical malpractice claims is, in most cases, two and a half years. This means that patients who have been injured because of surgical errors will typically have 2.5 years from the date their injury occurred to take legal action against the surgeon responsible for their injuries. That said, the sooner you act, the better off you will be. Our legal team is prepared to take your claim today–you just have to pick up the phone and give us a call so we can get started.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.